According to this act, if a house or other real property is owned by more than one person, each co-owner, irrespective of the share he owns, has the right to go to court and ask the court to appoint a custodian, who will then arrange for the sale of the property through a public sale.

8 comments:

So, a 1% owner can force the sale of the entire co-owned property? Is there any provision for the other owners' ability to make a fair market offer before placing the property on the open market? Does the co-owner asking for the sale have any obligation to accept a fair market offer from the other owners? How can a minority owner force the other owners to sell??? This seems very strange.

Q: Is there any provision for the other owners' ability to make a fair market offer before placing the property on the open market?

A: No.

Q: Does the co-owner asking for the sale have any obligation to accept a fair market offer from the other owners?

A: No.

Q: How can a minority owner force the other owners to sell???

A: Because the law says so. The sale is made by the court appointed custodian by way of a public sale. However, any co-owner may of course make an offer to purchase the share of a minority owner to prevent a forced sale, but both parties should be aware of the fact that a failure to reach such an agreement will result in a forced sale.

I have a question for you: is it possible for a foreign lawyer to draft a purchase agreement for swedish? I am planning to buy a property in Sweden and I would like to know if my lawyer could draft the contract for me or it is necessary to contact a swedish lawyer or agent.